Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
Elder law & succession: May 2026
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
By Darryl Browne - 1 min read
Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
A painful day at the office
An illustration of the severe tax and duty risks that arise when wills purport to deal with assets held through companies and trusts.
By Amanda Tully - 1 min read
Elder law & succession: April 2026
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
By Darryl Browne - 1 min read
Death benefit dilemmas: formal and essential validity and effectiveness
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min read
Elder law & succession: March 2026
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
By Darryl Browne - 2 min read
Who gets it now? Navigating disclaimers and judicial advice in estate administration
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Elder law & succession: February 2026
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
By Darryl Browne - 2 min read
Succession law’s inheritance: exploring its foundations and future
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
By Professor Prue Vines - 2 min read
Elder law & succession: December 2025
Doctrine of hotchpot, probate guidance, adult child family provision, family tree diagrams, interpretation of ‘vesting’ and international disclaimers.
By Darryl Browne - 12 min read